THIRD SECTION
DECISION
Application no. 11693/07
Olga Nikolayevna SAMULEVICH
against Russia
The European Court of Human Rights (Third Section), sitting on 20 March 2018 as a Committee composed of:
Branko Lubarda, President,
Pere Pastor Vilanova,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 8 March 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Olga Nikolayevna Samulevich, is a Russian national, who was born in 1944 and lived in Novorzhev.
On 3 June 2008 the applicant’s representative informed the Court about the applicant’s death and that her son wished to pursue the proceedings in respect of the applicant.
The applicant’s complaints under Articles 2, 3 and 13 of the Convention were communicated to the Russian Government (“the Government”), who were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.
By letter dated 3 June 2016, sent by registered post to the applicant’s representative, the applicant was notified that the period allowed for submission of the applicant’s observations had expired on 17 March 2016 and that no extension of time had been requested. The applicant’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The Registry’s letter returned to the Court on 18 August 2016 undelivered.
The same letter dated 28 October 2018 was sent by registered post to the applicant’s address. On 2 January 2017 the latter returned to the Court as unclaimed.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 12 April 2018.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
Full & Egal Universal Law Academy